Clipping of news on Brazilian Culture, Law and Citizenship
14/06/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Opinion goes to base judgment of the appeal of Internet company against conviction filed by the Justice MG
The attorney general's office, Wagner de Castro Mathias Netto argues that the ISP should restrict the practice of acts antijurídicos and infamous if informed of such occurrence and may be jointly liable with the author of the content if it does nothing. This is the central point of the opinion sent to the Supreme Court (STF), opines that the dismissal of an extraordinary appeal filed by Google Brazil Internet against the judgment of the 1st Class Civil Appeals of the District of Belo Horizonte (MG).
The decision challenged ordered the company to maintain relationships in the social network Orkut community "I hate Aliandra" which featured offensive against the high school teacher Aliandra Cleide Vieira, using an unauthorized manner, his image.
According to the judgment, the provider responsible for the social network was negligent in failing to meet the request of the teacher, who had his honor and image damaged by that community, to remove the abusive content.
In its opinion, the PGR said that the Federal Constitution of 1988 prohibits any kind of censorship, whether political, ideological or artistic, denying any procedure that seeks to prevent the free flow of ideas and reproduce authoritarian behavior in different social contexts. But this does not imply the absolute character of the security, existing limits on freedom of expression.
Wagner Mathias points out that "within the same constitutional structures that sustain the democratic rule of law, no one takes the" irresponsibility "absolute, being social actors linked to their behavior and consequences. Thus, it appears appropriate to the activity performed by the host provider, with its openness and inherent porosity, accountability subjective, in the presence of some of the events of guilt. "
For Wagner Mathias, is not requiring the provider to prior review and monitoring of what is published in electronic pages hosting, but he Coiba abuse once the practice is informed. He also believes that Google Brazil Internet, while keeping the community in the air, "value judgment exercised and joined those responsible for publication, conduct subject to questioning by the judiciary, which also could give it its effects ".
According to the attorney general, was found "improper use of the image of the victim, as well as the purpose of the bogus page, created just for fun of it, involving many constraints in their social environment - enough to configure aspects of the content antijuridicidade published and, after the science provider, their subjective responsibility. "Therefore," the company could not minimize the importance of the publication, unauthorized photo of the applicant and satirical and offensive comments about his way of being, which resulted in flagrant injury to personal rights, weighed in court, "he says.
"No one sees, in these terms, subject to freedom of expression or imposition of censorship, only the subjective responsibility of the provider, who, aware of content that could tarnish the image and honor of the defendant, is tipped inert, attracting the applicable penalties within the system of rights, enforced by the appropriate jurisdictional provision, "concludes Wagner Mathias.
Source: The Day on Line
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This article was translated by an automatic translation system, and was therefore not reviewed by people.